Surrogacy Laws in Wisconsin

While there is no specific statute regulating surrogacy, the Wisconsin Supreme Court’s decision in In re Paternity of F.T.R. (2013) confirmed that properly executed surrogacy agreements are valid and enforceable, providing important legal clarity and protection for all parties involved.

In practice, Wisconsin courts routinely issue pre-birth parentage orders when the surrogacy agreement meets the state’s established standards. These orders confirm that the intended parents are the child’s legal parents and direct the Wisconsin Department of Health Services to issue a birth certificate listing their names immediately after birth.

Both gestational and traditional surrogacy are permitted in Wisconsin, but gestational surrogacy—where the surrogate has no genetic link to the child—is strongly preferred because it offers greater legal security and smoother court approval. The process is open to married or unmarried couples, single intended parents, and LGBTQIA+ families, making Wisconsin an inclusive and stable jurisdiction for family building.

At Giving Tree Surrogacy, we partner with experienced reproductive law attorneys throughout Wisconsin to help you navigate each step of your surrogacy journey with confidence. From drafting your agreement to obtaining your parentage order, we ensure every detail is handled with care, transparency, and full compliance with local court practices.